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Criminal Law (UGC/NET)

Description: Law aptitude
Number of Questions: 15
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Tags: Law aptitude Law
Attempted 0/15 Correct 0 Score 0

The essence of the offence of cheating is

  1. deception

  2. trick or sham

  3. dishonest concealment of facts

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

All are the essentials for an offence of cheating under Indian Penal Code.

Which of the following do(es) not constitute stolen property?

  1. An ingot made out of stolen ornaments

  2. If the stolen gold-made ornaments are sold, then the cash obtained thereof

  3. If a stolen hundred rupee note is changed into ten rupee note or a cheque is cashed

  4. All of the above

  5. Both 2 and 3


Correct Option: D
Explanation:

It can be said that property into or for which the stolen property has been converted or exchanged is not stolen property. When the property remains the same in substance, then it doesn’t cease to be stolen property.

A lights a matchstick and applies it to the lay stock of B with a view to setting fire to it. However, A tries to extinguish the fire of his own accord and in fact, succeeds in doing so before he is caught by B. Will A be guilty?

  1. A will be guilty of mischief if he had, by setting the fire, caused some damage to B.

  2. A is not guilty of mischief.

  3. A is not guilty of mischief in any case.

  4. A is guilty of mischief as well as trespassing.

  5. None of these


Correct Option: A
Explanation:

A, with an intention to cause damage to the stock of B, lights the matchstick. If a lighted matchstick causes loss to B, then A will be liable for mischief. To fulfil the essentials of mischief, an act of accused must cause loss to the prosecution. As in the above case, before setting the fire to the stock of B, A was caught by B and no loss was caused to B, so no offence of mischief is committed.

Forgery is an offence relating to

  1. documents

  2. property

  3. personation

  4. All of the above

  5. None of these


Correct Option: A
Explanation:

The false making or altering of any document such as cheque or any tape or disc on which information is stored with the intention that anyone shall accept it as genuine. Forgery is an offence relating to documents defined under section 463 of Indian Penal Code.

When one of the several partners removed the partnership books at night and when questioned, denied having done so. He is guilty under

  1. Section 424

  2. Section 422

  3. Section 423

  4. Section 425

  5. None of these


Correct Option: A
Explanation:

Section 424 of Indian Penal Code provides for fraudulent concealment or removal of property from a place where it is deposited. Where one of the several partners removes the partnership books at night and when questioned, denies having done so, he is liable to be punished under section 424 of IPC.

‘A’ pretends to be ‘B’, who has died. ‘A’ is guilty under

  1. Section 417 of the Indian Penal Code

  2. Section 418 of the Indian Penal Code

  3. Section 419 of the Indian Penal Code

  4. Section 420 of the Indian Penal Code

  5. None of these


Correct Option: C
Explanation:

When a person cheats by pretending to be some other person, whether real or imaginary, commits an offence of cheating by personation. ‘A’ pretends to be ‘B’. A commits an offence of cheating by personation as defined under section 416 and punishable under section 419 of Indian Penal Code.

Misconduct in public by a drunken person is

  1. public mischief

  2. annoyance

  3. intentional insult

  4. All of the above

  5. None of these


Correct Option: B
Explanation:

Misconduct by a person in a public place causes annoyance to the person and can be held liable under section 510 of Indian Penal Code.

A, in good faith, says about a book published by B, “B’s book is indecent. B must be a man of impure mind.” Is this defamation under Section 500 of the Indian Penal Code?

  1. Yes, because the opinion respects B’s character.

  2. No, because it falls within one of the exceptions of Section 499.

  3. No, because it is slander.

  4. No, because it has not been repeated.

  5. None of these


Correct Option: B
Explanation:

Opinion expressed in good faith by A respecting the merits of the book submitted by the author to public judgement. A is within one of the exceptions of section 499 as he expressed his opinion respecting B’s character in good faith and as it appears in the book of B. It is not a defamation under section 499 and falls under the exceptions to defamation under section 499 of Indian Penal Code.

Defamation can be

  1. only of a living person

  2. of a deceased person

  3. of a living as well as deceased person

  4. of an individual, a company, an association or collection of persons

  5. Both 3 and 4


Correct Option: D
Explanation:

As provided under Explanation I of section 499, defamation may be of a deceased person with the intention to hurt the feelings of his family or near relatives. Explanation II of section 499 states that defamation may be concerning a company, an association or a collection of persons. Defamation is the communication of a false statement that harms the reputation of an individual person, whether living or dead or real or imaginary, business, government, religion or nation.

A person who was not expected to be in office, created a belief that he would be in office and obtained gratification. Which offence has he committed?

  1. Criminal breach of trust and cheating

  2. Criminal misappropriation and cheating

  3. Cheating

  4. Criminal breach of trust and misappropriation

  5. None of these


Correct Option: C
Explanation:

A person, who by deceiving another person and with mala fide intention, induces another person to believe that he is in office, when he was not expected to be in office, and obtained gratification, is said to have committed cheating under section 417 of Indian Penal Code.

Defamation is concerned with

  1. character of a person

  2. Reputation of a person

  3. Behaviour of a person

  4. Both 1 and 2

  5. None of these


Correct Option: B
Explanation:

The ‘character’ of a person is what a person “actually is”, while ‘reputation’ is what neighbours and other say, “what he is”. Defamation is concerned with the reputation.

To succeed in the defence of insanity, the accused has to show that he was of unsound mind

  1. at the time of commission of the act

  2. after the commission of the act

  3. before the commission of the act

  4. at any time in his life

  5. Any of the above


Correct Option: A
Explanation:

To succeed in the defence of insanity, the accused has to show that he was of unsound mind at the time of commission of the act. The defence of insanity falls under the chapter of General Exception of the Indian Penal Code.

Give the correct response.

  1. All murders are culpable homicide, but not vice versa.

  2. All culpable homicides are murder.

  3. A murder can never be a culpable homicide.

  4. All of the above

  5. None of these


Correct Option: A
Explanation:

Section 300 of the Indian Penal Code deals with murder although there is no clear definition of murder provided in Section 300 of the Indian Penal Code. Culpable means blameworthy and homicide means killing of a human being by another human being. Homicide may be lawful and unlawful. Section 300 of the Indian Penal Code provides the exceptions, which will constitute culpable homicide not amounting to murder and punishable under Section 304.

In which of the following does the right of private defence not extend to cause death of the offender?

  1. Rape

  2. Gratifying unnatural lust

  3. Robbery

  4. Causing miscarriage

  5. Kidnapping


Correct Option: D
Explanation:

Right of private defence does not extend to causing death in case of miscarriage. The Indian Penal Code does not provide such provision.

The right of private defence extends to the voluntarily causing of death or any other harm to the wrongdoer in relation to the property under four circumstances. This is provided in

  1. Section 103

  2. Section 105

  3. Section 96

  4. Section 106

  5. Section 107


Correct Option: A
Explanation:

Section 103 of the Indian Penal Code deals with the provisions that when the right of private defence of property extends to causing death.

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